


Khan returns

by Lionessinthedark



Series: Star Trek into darkness.....a bit different [2]
Category: Star Trek: Alternate Original Series (Movies)
Genre: Khan is not a bad guy after all, Star Fleet Confederation and Human Court are sort of fair(ish)
Language: English
Status: Completed
Published: 2015-03-29
Updated: 2015-03-30
Packaged: 2018-03-20 07:34:13
Rating: Not Rated
Warnings: Graphic Depictions Of Violence
Chapters: 6
Words: 8,478
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/3641955
Author URL: https://archiveofourown.org/users/Lionessinthedark/pseuds/Lionessinthedark
Summary: <blockquote class="userstuff">
              <p>This story begins in STID, somewhere between where Jim is alive again and the memorial speech before the USS Enterprise flies away out into space on its 5 years mission.</p>
            </blockquote>





	1. Trial

**Author's Note:**

> There would be differences from the original STID....mostly in Kahn’s background story....especially about the “Buzzers”....which are borrowed from Enders Game (the “Summers”). I have never been in a court room so if their are any mistakes according to procedures in a court, that is the explanation. And there are differences because Khan is thawed again. Sorry if there is any grammatical mistakes or other language mistakes. English is not my native tongue or should I rather say “native pen”? I would so much appreciate feed-back. And of course: I have only borrowed the characters from Star Trek.

Imagine a picture: a frozen Khan

Khan's voice: "I’m not as stunned, as you think and I have found a way to write this down – hoping that you have not lost the ability to read on paper. I’m writing this, not knowing what you have done to me. If you’ve killed me – then don’t bother reading on...but then again: don’t put Kirk on a star ship as a captain without having a substitute!

If you have put me in to custody...then I should be able to speak and then this note wouldn’t be necessary....so I think, you again have trusted my life to an ancient technology –that haven’t been maintained for 300 years – and I hope for Kirks sake – and for mine and my people (I know for now, that they didn’t die, what you were cruel enough to make me believe) – that that old technology won’t fail.

If you want to save Kirk, you would have to thaw me...again. He would need fresh blood transfusion with my platelets - from me – and me alone - at least 4 times. Do not attempt to use blood from another of my people.... that might kill him.

There is a reason, why Kirk, as an adult, can tolerate my raw blood – and my raw blood he will need or maybe that of my sister. But you couldn’t know, which of the cryogenic-stasis-units that contains her. I know, that I risk a trial for what I have done, but I’m willing to risk that, as I think, even if Captain Kirk have betrayed me twice, I’m still foolish enough to believe that I might have misjudged your species and that I can have a fair trial.

Khan Noonien Singh”

______________________

Spock and Kirk read this note written on paper –given to them by a man who helped putting Khan into the cryogenic tube.

Spock:“We do not thaw him again. It would be illogical. He is a sneaky, deceptive, cruel......”

Kirk: “Stop – we haven’t been honest to him either......and actually...I don’t feel quite well....so there is a chance, that he might speak the truth. Let’s arrange for a trial. And it is true....we have betrayed him too!"

___________________

Khan was thawed – he actually still had his partly ruined Star fleet uniform on – boots, the dark gray trousers and the black blouse and without any other help followed into a cell, and left. There was another set of clothes waiting for him. He put it on very carefully. He practically couldn’t use his right arm, the one that Spock dislocated and broke. He was walking up and down, sitting, standing:

“Did I value them right?"

He asked the guardians if he could get medical care:

“Not allowed” was the answer.

“Can I have a different food, please? This food isn’t sufficient enough for me.....”

And he was being told to shut up. He was given human food – that should be good enough.

“Allowance to use a computer?”

“No”

Khan regretted that he had chosen – again - to trust the not-trust-worthy-humans, but time was running out for his people. The technology was 300 years old...without maintenance some of the cryo-tubes would stop working inevitably!

_____________________

Scene: court room. Filled with people. Three places for 3 judges and one person as a counsel for the prosecution.

No person as a counsel for the defense.

Kirk and Spock and Scotty amongst the audience.

Khan is brought in. He is paler than usual. In handcuffs – and they are apparently hurting him.

He is placed in the prosecuted seat. 2 guards standing on each side.

“All stand” The 3 judges come in.

"Please state your name for the record"

“My name is Khan Noonien Singh”

“Do you swear to tell the truth and nothing but the truth?…”

“I do”

“You are here standing for the Human Federation Court and accused of several incidents of terrorism and attacks against The Star Fleet and civilians:

One attack in London and thereby causing 42 peoples death

Of murdering Star fleet admiral Alexander Marcus

Destroying the warp core in USS Enterprise

Attacking The Star fleet Commando Daystrom meeting, causing 5 admirals’ death and wounding 15 people

Attacking SS Enterprise and thereby killing 75 of it’s crew

and finally forcing a Star fleet ship on to the ground and thereby killing all in all 500 people in San Fransisco

How do you plead?”

Khan: “Not guilty - you cannot condemn me by the laws of humans – I am not human…I don’t even have civil rights. I am for the time being and for the best that I know, the only breathing representative specimen of my extremely endangered race. Therefore I should be looked up on as the only survivor in a war in a case of genocide. And in that case the survivors are allowed extreme measures in order to survive. I plead: Not guilty according to the laws of humans!"

Big arouse in the courtroom.

Spock’s voice can be heard: "That sneaky son of a……"

The head judge: "Silence in the court!!!"

And the head judge continues: "You are not human, you say. You look human to me!"

Khan: "To say that I am human would be to say that you are a chimp!"

Big arouse.......


	2. Human?

Head judge: “Silence…I found that very offensive Mr Khan!"

“Not intended your honour. I wasn’t referring to intelligence but to the numbers of chromosomes!"

Head judge: “Chromosomes?!”

Khan: "These little things in your cells that can be seen, when they divide? They consist of DNA?…never heard of?"

Head judge: "Is there a doctor, who knows about such things, present?"

Khan: "O my…you have really banned that knowledge!"

Head Judge: “We’ll take a break ……so hand over your Padd, so the doctor can read what you intend to say about that and then he can explain it to us before we proceed”

Khan: “My Padd, sir?”

Head judge: "Yes – your Padd! Aren’t you going to be your own defense? So you must have your defense on a Padd, right? All the things you have found on the web…..The things you are going to say….Your Padd!!!"

Khan: "But…but I haven’t had any access to the web, nor have I had anything to record on, not even pen and paper, that I can use. No computers – no Padds…nothing!”

He staggers – he is pale…

Head judge…now frowning: “Mr. Khan…are you feeling well?"

“No sir – I’m in pain. These handcuffs are dragging in my broken arm......... Do you really care?!?”

“I’ll forget the offence in these words as you obviously are not feeling well. Does human medical care not work on you?”

Khan smiles: “How should I know, your honour, I have never tried it!”

Head judge: “Are you saying that you were taken out of that freezing device and put into a cell without any medical examination!?!"

“Yes sir”

“No one was attending to you? No one at all?”

“Oh..yes sir..two medicals came and took ½ liter of my blood for Mr. Kirk!”

2nd judge: “You gave that voluntarily?”

Khan: “I had made a vow – I intended to keep it!”

2nd judge:"If you need medical attention, why didn’t you ask for it, or for a Padd, a computer..?"

Khan: “I asked, but was told to shut up….I really thought it was intentional. That it was meant to be so. That I had no rights being an augment…..and being an accused!"

(Spock to Kirk: "He makes us look ridiculous…"

Kirk replies: "I think we can manage that on our own…He is right. He wasn’t given his rightful demands!")

Head judge: "We’ll stop for know and for how long it takes to give this man(?) what he needs. Horrendous….and very embarrassing for our race….Is there any rule according to this man’s rights that we have not broken!? Take those handcuffs of him. Bring him carefully to my office….and call for a medical!"

__________________

Kahn was helped to the office and sat down on a couch. The 3 judges were there too. The medical arrived and started to scan Khan.

Khan smiled at the judges: “You asked about the rules….at least they didn’t kill me!”

The medical had finished. “Well?” the head judge asked.

The medical: "His jaw is broken but healing. He has a dislocated right arm; the caput-head is out of its socket. The humerus is broken, but has begun to heal. He has traces of internal damage on lungs, liver and kidneys and intestines and there are traces of subdural hematomas on the left and the right side of his head and 2 small cranial fractures. 8 broken ribs (healing)– and minor bruises and wounds. In fact: that man should not be able to stand on his feet – let alone be alive!!!”

Khan smiled: “I told you…I am not human…. Give me the right food and I will be OK in a few hours. Except from my arm. I can’t get it into the right place. It pops out again…and like that it cannot heal properly”

Judge 2: “You have tried to mend it yourself?! Oh my god…”

Judge 3: “What food do you need?”

Khan: “Proteins – meat – chicken – it could be raw. But it is easier to digest, when it is prepared."

“How much?”

“1 kg should be enough”

There was sent for a meal and Khan started to eat – and apologized for his appetite.

Head judge: “Who gave you these injuries? And when? And remember that you still are under oath..."

Khan: “Oh…hm... I crashed with a star ship and then Mr. Spock and I had a little fight. He tried to kill me and I tried to kill him in return. He learned “to break bones”…. And I lost the fight as I was stunned. It is about one month ago…but I was frozen shortly after the fight and my body can’t repair itself, when it is frozen."

“Break bones?!”

“An internal joke, your honour. When I was thawed I wasn’t given enough protein to heal. But I am afraid you’ll have to ask Mr Spock a favour or ask another Vulcan. They are – as far as I know - the only ones strong enough to put my caput back in its socket. I am afraid, that he would refuse”

“Call for him…Say it is an order!!”

_____________________

 

The medical scanned and advised the directions. There were two possibilities: either a very quick jerk (not so painful) or a slower more controlled, but more painful tug. Spock claimed that he didn’t have muscle power enough for the first possibility.

(But he whispered in Khan’s ear: I hope you’ll enjoy the pain!) Khan didn’t utter a word, but he was pale…… As the caput was back in its place he even managed to say “Thank you”

Spock snorted as he turned away and left.

Khan: "Just give me a few hours and I’ll be ready again"

The Head judge then asked if Khan’s people have been thawed.

He answered that they as far as he knew still was in the cryo-stasis in the Star fleet headquarters facilities and that he didn’t know that they weren’t eliminated in the explosion in The Vengeance until just before he was put into his cryo-tube and that he at that time realized that he had killed a lot of people, even though his people were still existing: “But how should I have known that I wasn’t killing people crueler than the Klingons? I thought I killed monsters!"

Head judge: "Have you ever met kindness or even fairness from our kind?"

Khan: "from two people actually…"

“When?”

“When Kirk decided not to kill me as I surrendered on Qo'noS”

“We usually don’t kill people, when they surrender!!”

“Oh…hm....No you just beat them to mash...or try to.”

“What?"

“Never mind”

“And no 2?”

“That was you, sir…..” Khan smiled.

The 3 judges looked at each other.

Head judge: "Are you fit to talk? I would like to hear more about you, before we return to the court room. I’ve got the feeling that we haven’t got the truth from the accuser…The Starfleet Command. Would you mind if we called for a soothsayer? And that this conversation is being recorded?"

“It’s fine, your honour. What is a soothsayer?!"

Head Judge: "A race – Betazoids - that can tell if people are saying the truth. They are rather expensive to hire, but with one of these no one can accuse you of lying"

Khan: "I’m fine with that, but I gave my word?!"

Head judge."That is not enough, I afraid"

Khan: “Hmm..”


	3. The past

Head Judge: "What about the historical facts that you should have been a despot, a tyrant? Let me quote: Khan Noonien Singh lived up to the axiom coined by one of his creators, "superior ability breeds superior ambition". By 1993 a wave of the genetic "supermen", including Khan, had simultaneously assumed control of more than forty of Earth's nations. From 1992 to 1996 Khan was absolute ruler of more than one-quarter of Earth's population, including the regions of Asia and the Middle East”

Khan: “That was a joke – a cruel one – a mockery. How could I rule anything on Earth? I and my kind were slaves – regarded as “cattle” or simply “living equipment” – “tools” and listed as that on the star ships. Didn’t own our own bodies – were the property of our makers. The only time I and my brothers ruled anything was, as we lived on our islands – alone – as we were abandoned. We were the heads - over the remaining living 300 people of our kind. Age from 0- and at the end - 18 years old”

2nd judge: ”But Asia and Middle East?”

“That was true enough…our islands were called “Asia” and “Middle East”…and the island, were the Plant was, was called “Europe". Maybe because their shapes reminded of those continents. Things are a bit blurred and I can’t make them fit together totally. I’m not sure, I can remember everything correctly. Some of my memories were deliberately deleted in 1996, but they have started coming back lately. There is nothing as an attempt of Vulcan mind meld that can bring back memories! According to some of your history annals I should have been born around 1970 or even 1950 – but that is not true. I was taken out of the incubator around 1977 I think – I don’t know my exact age – and my earliest memories is about a room and a man and must have been in 1979"

Khan closed his eyes – sighed – a pause: "I know I am not human. It would have been smarter if we would have been more recognizable: blue skin, two noses or…...I don’t know. It is easier to recognize a slave, when they don’t look like free men! I am based on human genes – but with extra material. I am an “augment” - designed to be a warrior: agile, five times as strong and more than twice as intelligent as a normal human – IQ around 280 - (no offense intended) – When you see five or six possibilities, I see 15 or more. I’m not bragging….just describing….. resistant to sickness and with enhanced senses. I can apparently see a wider spectrum of light and hear beyond and above your hearing abilities. Heart muscles twice as strong and lung efficiency 50% better. My blood contains platelets capable of regenerating from nearly any disease or toxin, and to some extend: injuries.

We also have twice the average lifespan. (if we are not frozen and thawed too often). Our resistance to directed energy weapons is big, as it takes multiple shots with a phaser to stun me, as some might have discovered. We are even capable of resisting a Vulcan nerve pinch and mind meld. But this is not for free. Some of those platelets are nano-robots – that can multiply themselves – in my bone marrow….Can you imagine what would happen, if they came out of control? I’m sorry about Kirk – they saved his life – twice – but the long term ranges? I do not know…and he would need more of mine, since he cannot produce enough of those him selves."

Khan continued: "Then it is said about us that we along with our superior abilities have a defect in our genome: “that the Augments were aggressive, arrogant and ambitious, with a diminished sense of morality.” One of the scientists behind our creation said that "superior ability breeds superior ambition." – but again – remember who said this about us……When there is a war, the winner is always a hero…the losers are villains! Remember that we lived peacefully on that island for more than 4 years alone…..and a “defect in our genome”?...Does genes decide how you behave or is it the upbringing? God dammed….we were trained as warriors from the time we could crawl! Of course we were aggressive!"

He continued: "I and my people are a version 10.....there have been others before us. Sometimes things vent terrible wrong...both genetically and with the nano-robots. Some of the survivors could be seen in the “zoo” on “Europe” and when we were abandoned, we could only watch them die. They were behind glass walls and we couldn’t get them out and I don’t think they could have survived outside their facilities. Since there were earlier versions, there might have been later versions too. But I don’t know anything about them."

The Soothsayer entered the room. She sat down beneath Khan.

He looked at her and continued: “Do you know how they made a warrior? Except from the physics? You make sure that there never is an adult, you can trust That the warrior-to-be is always alone and that the only ones, he/she can trust, are his/hers comrades. You are always alone…no one to trust but your own kind. That’s how we were trained…not only our bodies…but our minds. Learned how to fight……or else you wouldn’t have food. Some of us….I and my brothers and a single sister, we were all given the same Singh-name – so I suppose, we shared more mutual genes than the others – we looked more alike too. Well except from me actually. I’m the only “pale” one...maybe an unexpected mutation. We were trained to be leaders….given education…learned to read…write…about history….other languages. In that time there were about 200 languages on Earth – we learned about 25 of them)…about weapons….spaceships…..and about how to lead people"

He continued: "And we were proud, that we were “the chosen ones”…stupid, stupid!"

Soothsayer: "He tells the truth"

Khan paused – he looked at her: "A lot of things happened…there is no reason to go in to detail with that…..and then…one morning in 1992. Everyone was gone. No staff….no adults….no one but us. The ships in the harbour were gone. The bridges between the islands were up. We were isolated….abandoned on islands in the middle of the sea– no land to be seen. The oldest – I among others, were about 15 – the youngest not even out of the incubators yet"

Soothsayer: "The truth"

Khan: "We swam to the island with the plant - managed to open some doors, climbed down the elevator shaft – there was no electricity – and came to the incubator-room. They were running on their batteries and we managed to save 20 of the oldest babies. Maybe only 1-6 weeks before they were ready to come out. We had no milk – but gave them sugar water and then we captured 3 sows with piglets in the woods and put the babies to the teats –and then we ate the piglets"

Soothsayer: "The truth"

Khan continued: “We carried those babies at our chests for 4 months and nearly everyone survived.They were so small....so I have a soft spot for young ones – that is why I saved Kirk, when he was about 10 years old”

Soothsayer: "The truth"

Khan stopped talking and looked at her: “Are you going to say that, every time I stop to breathe?!”

Soothsayer: "Yes I am"

Khan laughed: “Are your people often killed?”..and he smiles

Soothsayer: "Not so often, but it happens.."

Head Judge: "Are you threatening her?!"

Khan: "By all means – no...." and addresses to the soothsayer: “but couldn’t you just say, when I am lying?!"

Soothsayer: “I can, is it OK?”

Head judge: "It is OK – let me get this straight. You saved Kirk in 2243, but were thawed 15 years later in 2258?!”

Khan: “2257...and again things are a bit blurred here. I was out in space – must have been star date 2257.03.19 – Admiral Marcus had just killed 2 of my people, while they were still in cryo-stasis to make me cooperate – my last brother - and (pause – he sighed) and...and my pregnant wife.They are still in the tubes – but they are no longer thaw-able and he held the rest as hostages at 2257.01.  We were two on board a small craft and had been orbiting the Moon. There was an abnormality – that is the only way I can describe it – (He looked at the soothsayer and smiled) – between the Moon and Earth. We hit it.....and I really don’t know what happened....but we lost consciousness.....and when we landed on Earth, we were in a dessert – not at all at the space harbour. Star time showed 2243.08 – I thought it was broken"

He continued: "My guard was still unconscious...so I wandered off to find out where we were. I walked for about 10 minutes. Came to a rift. There were sounds of a car....you know those ancient only-on-the-ground-vehicles from the 20’th century? A young boy attempted to get out of the car before it went over the cliff – he did – but then he rolled over the rim too."

(When that was played in the court room, Kirk said out loud: but I didn’t!!)

"When I got there together with the police officer (a robot) we could see Kirk lying apparently wounded on the wreck of the car. The police officer flew down to fetch him and placed him on the ground where he died, I think. No pulse and no heartbeat were detectable. I knew what my blood could do – on my own species– but here he was – just a little boy – so I decided to give it a try – he couldn’t be worse off. There were an emergency kit in my spacecraft, amongst other things a small tube, but no needles so I cut a small hole in my arm – forced the tube in and did the same to the boys arm – leaving a scar I presume... "

(Kirk looked in astonishment on his left lover arm, where a small scar was visible)

"As he was just a child it has an immediate effect – within 10 minutes, when given to young ones (at least my own species) under 10 years of age. My blood worked quickly and he awoke – he was disoriented – so I placed him on the rim, so he would think, he never went over it and the police officer talked to him. He didn’t see me. Now you probably ask: why didn’t the police officer mention me in his report? But he was a robot and easy to reprograme – when you knew, where the maintenance hatch was. I went back to the space craft – told my guard that we were on a wrong planet – he was still disorientated – maybe caused by the blow I have given his head – hm – and off we went again. We found the abnormality, which was now being smaller and flew into it again – we couldn’t avoid it....Everything went black.....and the next thing I remember was that we landed in the harbour of the Star fleet - now star time 2257.03.20. I really can’t tell you what happened”

He looked at the soothsayer – “The truth”, she said


	4. Buzzers

Still in the office of the Head judge:  
No one said a word for a few minutes after Khan had spoken.  
Then the head judge continued: ”The history says that your people were sentenced to death as war criminals?!"

  
Khan: "Yes – and it probably said that admiral August Milliard Marcus was leading the heroic battle against the “Buzzers” in 1996?! He was the Admiral – but only – as it was said at that time – “on the paper” – I was the leader – and the year was 1998. My rank was captain – but I guided the soldiers...my people! I was the head!"

3rd Judge: "But you were only 21 at age?!"

Khan: "Yes?! Why shouldn’t I be capable of being a leader at that age? I had led my people on the island until our “Masters” came back in January 1996. From I was 15 till I was 18.  
When they returned we had only spears and bows and arrows as defense. We fought like mad – and we managed to keep them away from us despite of that until they stunned us – killed all the small ones – every one of them. My one year old daughter - 90 died! Only those who were over 13 were spared. We were now 210 left. We were put in to crafts and transported to – I don’t know – somewhere else on Earth. We had our memories erased, and woke up just knowing that we were the chosen ones –“the elite warriors”.  
He continued: “I must have had a little memory left because I wouldn’t obey. I was..... punished........ I took several days to heal. They threatened to punish the others – so I obeyed. Again our training was re-assumed. I especially was trained and educated – and the time on the island was just a vague memory. I couldn’t even remember my daughter or my wife!”

He continued: “The threat from the “Buzzers” was discovered in 1996 – we could communicate at near half of the light speed, but they didn’t respond. You can’t negotiate with insects – and the three spaceships: “SS Botany Bay”, “SS Gulf bay” and “SS Bengali Bay” were made ready. In June 1996 two of them were loaded with the cryo-tubes with us 210 Augments and “SS Gulf bay” with 25 humans in cryo-tubes. Within one year we should be at the right place near Saturn. You must understand: there were no warp at that time – the only way people would not get totally insane in space, was to “freeze” them, because of the very slow speed. It took more than 1 year to reach Saturn at max speed. Even a snail on Earth would seem faster…There was a routine on board: 2 persons were awake at the same time – and for about 14 days. As a captain you were expected to be ready to be thawed when something unexpected should happen – and at more regular intervals during the flight and therefore I am older than all the others. I have been thawed for a longer time. I think I by now am around 27 standard years biological age, but I’m not sure. The rest of my people are – the eldest – about 22 now, the youngest about 15. one of my brothers, who was the co-captain of SS Bengali bay, was the one, who Admiral Marcus killed to make me cooperate; he would have been about 25. As for my other brother – he who warned me later – he was 25 too.  
There were those two “sleeping ships” with portable cryo-tubes and 8 smaller “Hunters” (smaller space ships) – and as we came closer to Saturn, we were all thawed and we made us ready for fight. The human sleeping ship – “SS Gulf Bay” - had only humans on board and of course Admiral A M Marcus and sort of did hide behind Jupiter – 14 days of flight away and at least half an hour communication-distance – how could the admiral lead anything with half an hour delay!?

The Buzzer-fleet consisted of 20 ships – so we were a bit outnumbered. The first observation had only mentioned 2 ships, but unfortunately there were 18 more waiting – not there yet – but detectable around Neptune – and they would be there in about 20 days. We managed to enter and destroy the 2 ships – and could really discover that the buzzers were insects and that we couldn’t communicate – and that their intentions weren’t good as they fired at us first and killed 5 of my soldiers, and believe me, we are not easy to kill. 20 days passed. The rest of the buzzer-fleet arrived and the war was on – not any help from the human ship what so ever.

I wouldn’t bore you with all the details, just sum up: at the end of the 10th day of combat, I had lost 110 of my soldiers – and we were close to helpless. All my strategies didn’t work quite right – and then I discovered something as I looked at the records of the battle……all their ship movements…….they all seemed to have the same center – a small black ship. I came to think of ant nests and bee hives – and only one Queen…..so we attacked the black ship – entered and fought us (actually not I – I was on the bridge of SS Botany Bay) through – and killed the large insect sitting in the captains chair – or what looked like the captains chair. All the ships stopped moving – was just hanging in the space – and all the “buzzers” stopped fighting – they moved, but aimlessly – just as if they had lost their brain – which they apparently had. We reorganized – cryo-tubed the wounded and placed them on SS Bengali Bay…expecting that they should reach Earth first, so they could get medical help. Our nano-robots can’t make miracles, when…. hmmm “vital organs” are missing. We prepared to return to Earth – my brother Sankar Noonien Singh at the SS Bengali Bay and I were still awake on each our ship, as we heard how Admiral A. M. Marcus had brilliantly saved Earth – he hadn’t even been near the battlefield!  
The humans came when it all was over – posed with the dead buzzers and pretended they had fought. My ship had had damages so my frozen crew consisting of 80 members and 5 non-frozen – who repaired our ships’ damages – we had to wait 3 months before we could set aim towards Earth. As we were close to Jupiter’s Europe – we got a encrypted communication-signal from my brother: “Do not come back – they are killing us all – we are condemned as war criminals!”  
I don’t know what went wrong on Earth those about 3 years we were gone, maybe they just wanted to hide that we had fought or maybe they were afraid of us…. but we didn’t dare to return and did hide near the Jupiter moon Europe – I sat my cryotube to wake me in about 100 years, hoping that things would be different. But it failed and I was first thawed as Admiral Alexander Marcus found me and the cryotubes – now only 72 functioning"  
Khan looked at the judges. "Please....the cryo-tube technology is 300 years old. It'll fail soon...."


	5. Augmented nature

In the court room two days after:

  
“All rise” – Khan was guided to his seat – but now without handcuffs.

  
“All be seated”

  
Head judge: "As Mr Khan is better today and since we had a lot of explanation from him, yesterday and the day before that in my office, after he was treated according to the rights, he has as an endangered species, we wouldn’t force him to say all that again, so we had his sayings recorded under the supervision of a soothsayer"

Murmur in the courtroom

"It can be heard in its full length on web later today, but here in court you will have only a part of it. Before we hear the recording: We were talking about chromosomes two days ago. Can you tell more about them? And this will be recorded to – as the first part of the trial was"

Khan rose: "They consist of DNA –deoxyribonucleic acid - and that is the master plan of how to build - life –  
I don’t think – but I’m not sure of today – in your time – there is any life form in the universe, that doesn’t contain DNA or at least RNA. When cells divide, that DNA is curled up in a special manner as “chromosomes” – according to its specimen. The number of chromosomes tells nothing of the complexity of the organism, but the amount of DNA does. You – as humans – have approximately 1.8 meters in each cell. I have 2.0 meters. Your DNA forms 46 chromosomes – mine 52. Only species with the same amount of chromosomes can interbreed. Therefore I think that the Vulcans and humans must have had a mutual forefather – or it is just coincidence that bastards like Mr Spock...."

Spock rose – in anger - but Kirk pulled him down again

Khan continued: "No, that is the wrong word – “Mischlinge”(?) – no – “mixtures” would be the right one!"

Spock snorted: “He used that word deliberately! I hate him!!!” Kirk just looked at Spock....He couldn't recognize his friend!

Khan: "Since I can’t interbreed with you, I’m another species. And since my whole people by two lately occasions was – apparently to me – eliminated – erased – it was genocide – and I reacted according to that.... I couldn’t know that I had been betrayed.....again!”

Head judge: "Now we are going to listen to a part of the recording"

The recording continues:  
"Head judge's voice: “There is a thing I do not understand. How did Admiral Marcus know where to find you and why did he think he could use a 300 year old frozen man?”

Khan's voice: "I’m not sure, but I think admiral August Milliard Marcus was a forefather to Admiral Marcus – he might have written something down. Or it could have been the result of the Romulan attack, that you searched the Solar system more meticulously and therefor found us and the “300 year old frozen man”? – Funny enough Captain Kirk said the same thing – and my answer would be the same: "Because I am better." "

Head judge: At what?"

Kahn: "Everything - Alexander Marcus thought he needed to respond to an uncivilized threat in a time, that wastoo civilized and for that, he needed a warrior's mind - my mind - to design weapons and warships. Not only my intellect, but my savagery! Within about year of being awakened, I was capable of designing advanced systems of destruction, including the USS Vengeance, its advanced beam and missile weaponry, a propulsion system that enables the interception of a ship while in warp, and torpedoes capable of eradicating large portions of a planet. I was able to do this, despite being armed with outdated three hundred-year-old technical knowledge before being put in stasis. My knowledge was from the 2000th century but my abilities to learn all of the latest technologies were intact – that is maybe why I scare you……I am a commander in the Starfleet in London or at least I was – and I hadn’t cheated to earn that title!”

Recording ended

Khan: “I would now like to call Mr. Spock to the witness stand"  
_________________________

He addressed Spock in the witness stand:“Since I lead my own defense I have a right to ask you: why were you so reluctant to the idea that “John Harrison” should be killed without a trial, but were eager to kill “Khan Noonien Singh” - the same person – and me - without a trial?"

“I got information about you – that made me understand, that it would be too dangerous to let you live!”

“From whom?”

“From a very reliable person”

"Name?"

"I can’t say"

"Can’t or wouldn’t?"

"Wouldn’t, he has a right to remain anonymous"

"I – or the judges - can order you!"

“Ambassador Spock from New Vulcan!”

“Who in fact are you from the alternate reality that divided from your reality in 2233?"

"Yes"

"And who – against all rules - contacted you to warn you against me?"

"I contacted him…"

“Against all rules.."

"Yes"

"I supposed he called me – let me recall: “brilliant” – that is nice. “Ruthless” – not so nice and then something like: “He won’t hesitate to kill you all” Am I right!?"

"Yes"

"Could there logically be a possibility that he could be wrong, your ambassador Spock and that the man he knew as Khan Noonien Singh could in fact be very different from me? We are not even born the same year – we don’t look like each other as far as I know – and I have never had any intention about ruling the world nor killing everybody inferior to me in intelligence! In that case there wouldn’t be many left, would there? Why should I wish to kill people less intelligent than me?! I was taught to be a leader – raised to be one – genetically made to be superior – that is not a free ticket to kill people. That is an obligation to guide and help!! And besides that…I was a slave…I didn’t have my personal freedom!"  
He turned to the soothsayer – he had tears in his eyes.

“He says the truth about his intentions” she said


	6. The verdict

Spock turned against the judges: "Am I allowed to ask a question?"

And he was allowed: “Since the reality didn’t divide until 2233 how would you then explain, Mr Khan, that you are not the same Khan Noonien Singh?”

Khan answered:“Because it is not only an altered reality….but a multi-verse…..a different universe…and the changes go further back. That is the only explanation…I’ve never had plans about ruling the world - All I wanted was to protect my people. Give them a chance to survive. If Admiral Marcus had kept his promise to me, I would just have stolen his “SS Vengeance” – at that theft I would have been guilty – my own “Botany Bay” is a bit outdated and I would have been caught within minutes – and I would have flown away – out in space and you would never have heard from me again if I could have avoided it. Again – on the bridge of the Vengeance – you humans stunned me right after I had saved your lives. I admit that I hit Captain Kirk and broke the tibia of ltd. Marcus and that I killed Admiral Marcus but he had done nothing but betray me….They /you did nothing but betray me!! Again and again! Yes I threatened you, Commander Spock - in the belief that that would be the only language you could understand. Since I had seen nearly nothing but betrayal from your kind – except for a few moments, when I actually thought that I might trust captain Kirk. If you had kept your promise to me and had given me my frozen people instead of armed torpedoes – I would have flown away. And I had nothing to do with the partly destruction of your warp"

Soothsayer: "He says the truth"

Spock: "Your Honours – can soothsayers be trigged by this man?"

Head judge: "That’s offending!"

Khan: "I don’t mind. Let’s have a try: “Mr. Spock – I love you”!"

The soothsayer turned pale:” He is lying”, she shouted – “Oh I’m sorry – I couldn’t help it – I have been tuned in on Mr. Khan – that is why my reaction is so strong!…”

Khan: (with a grin on his face). "See – I can’t even be polite without a reaction. Let’s continue: why did you arm the time pencils on the torpedoes, when you beamed them over to the Vengeance?"

"You aimed and shot at us!"

"No Mr. Spock – I aimed and shot at your weapons: not the bridge, where you were – neither the sickbay – nor the staff quarters. But there is a time-delay on those pencils in the torpedoes at 60 seconds – so when I fired at you, you had already activated the pencils……when they blew, I could only think that my crew was destroyed – You – Mr. Spock – did you know that McCoy had removed my crew? I know now, it wasn’t my crew, that was destroyed - only my mind and the SS Vengeance!!"

Khan continued: Your Honours….I admit that I intended to destroy the Star fleet headquarters as I plunged….And I most certainly didn’t “fly” the ship…it was so damaged by the fortunately only 10 detonations of warheads, instead of 72, that it practically fell like a stone. But it is not only my deed – had Mr. Spock kept his part of the bargain, this would not have happened. You agreed that my case could be seen upon as a war against endangered species, as a genocide – mostly performed by the humans of my – and your - past. And that their acting against me could partly excuse my doings now, since I had no reason to believe that humans could be honest to me and my kind. That the threatening genocide made by Admiral Marcus and in the end Mr. Spock was that what made me momentarily insane.  
I said that I was guilty of having bombed section 31 in London, killing people in order to get to Admiral Marcus –And to reveal the true purpose of this section. I am actually guilty at firing at unarmed personnel in the Headquarters in San Francisco (maybe you should have a talk with the security apartment there) in order to get to Admiral Marcus. But I had the weapons to blow up the whole building…which I didn’t. I only aimed and shot at people wearing an admiral’s uniform. My excuse/ explanation is, that I thought I killed monsters and that at least every admiral in the Staff room knew about and had approved Marcus’ deal with me – and that I couldn’t believe anything but that I was the last survivor…..I…deeply regret my doings. Now knowing that I killed good men and women and for that…misjudgment - from my side I will accept whatever punishment you will condemn me. But please – don’t let my people pay for my doings. Thaw them please, before more cryo-tubes fail to work. And….I had nothing to do with the damaging of the warp-core and the thereby following near-death of captain. Kirk- and the clash of SS Vengeance was barely my doing alone, but partly Mr. Spock’s too,– so “not guilty” to the last one”

The soothsayer’s voice: "He says the truth…"  
_______________________

 Head judge: "End for today – all rise – we’ll set for tomorrow and the new and altered charge against Mr. Khan will be published"  
____________________________  
Khan was brought back to prison – but in a bigger cell with access to computer and Padd.

The next day:  
“All rise”  
"The accusations against Mr. Khan had been altered according to the laws of endangered thinking species:  
You are now accused of:  
1.In London killing people that had nothing to do with the threats against your people .Admiral Marcus wasn’t present – 42 lives.

2.Being accused of endangering people inferior to you by shooting on a partly destroyed Spaceship too close to Earth.

3.Being partly to blame for the incidents in San Francisco as the SS Vengeance plummet to the ground at thereby destroyed part of the Star fleet Academy and killing over 500 people.

4.Being accused of partly having destroyed the warp-core at SS Enterprise is dismissed.

5: Killing personal on board SS Enterprise.

6.The accusation of opening fire against people that had nothing to do with the treats against your people in San Francisco is dismissed – Admiral Marcus was present.

7.Murdering Star fleet admiral Alexander Marcus is dismissed

How do you plead?"

Kahn: "Guilty to the first – guilty to no2, partly guilty to no3 and 5"

Big noise in the courtroom.

Head judge: "As you have pleaded guilty at no 1 and 2 but not to no3 and 5 you may begin your final defense-speak."

Khan rose:  
"I wouldn’t excuse my doings – but explain them. I was desperate in London. I had every reason to believe that Admiral Marcus had killed my people, the last 72 living of them - when I failed to escape with them. I wanted revenge and saw a possibility, knowing the procedures, how to get to him here in San Francisco. I offered to help a man – and in return he should detonate a bomb in Section 31, where I had worked, thus forcing Admiral Marcus to call for a setting in the Headquarters here. And you must remember – I had no reason to think that not everyone of you was like Admiral Marcus. I had chosen a day, where there wouldn’t be so many people at work in London, only about 10 – but I hadn’t thought of overtime. I also wanted to destroy Section 31 to reveal its true purpose…warmongering.  
Marcus did as I planned – and I almost succeeded in killing him, if it hadn’t been for James Kirks very clever attack with a fire hose and a fire distinguisher on my ship! I had no option but to leave – and had little time to choose my destination, so I returned to my base near Qo'noS. Unfortunately I had chosen a place that suited Admiral Marcus in his plan to start a war with the Klingons. A plan I only realized when it was too late. Actually he sort of outsmarted me there, except from that my people were in the torpedoes on Enterprise. You didn’t wonder where from I had my weapons on Qo'noS?! It was my secret base…And if you wonder why I shot the Klingons? I hated them more than I hated humans. I’ve seen what they’ve done to prisoners. And I couldn’t surrender to anyone and get to my people, if the people from the USS Enterprise were dead.  
You were sent to kill me….and admiral Marcus had planned, that you should fire those torpedoes at me – 72 torpedoes to get one man? – Talking about using a sledgehammer to crack a nut! "  
He continued: "Your warp core was partly damaged – and believe me I had nothing to do with that – I just figured out that Admiral Marcus must have done that, to intimidate the Klingon territory. If you had tried to fire those torpedoes, you would have started a war against the Klingons…and killed my people. The torpedoes had not a full fuel tank, since the space was occupied by my frozen people, but they had smaller fuel supply…enough to reach to the planet surface. I surrendered for two reasons – to get to my people – I had some ideas about taking command over the ship and then disappear – leaving the crew on Qo'noS where they could hide in my base, until someone could come for them. I didn’t intend to kill the crew nor Captain Kirk – just leave them in relatively safe conditions, as the Klingons hadn’t discovered my base in over a year, and second: to warn them about Admiral Marcus…..I had the feeling, that they were not aware of his plans.  
Then he came in the SS Vengeance…wanted to kill them all and destroy the USS Enterprise. They decided to escape at warp….but he followed them.  
I saw a possibility - as the Vengeance weapon system failed – and when they had a man on board the Vengeance - to get control over the Vengeance – have my people transferred by threatening them and then be able to flee. For a brief moment I thought that I could trust a human – captain Kirk – but Ambassador Spock on New Vulcan ruined that possibility by poisoning Commander Spock’s mind – confusing his universe’s Khan with me, forcing upon me his Khan’s ambition and cruelty. As I had said prior: I’m not his Khan – we share only the name, and the fact that we are Augments. Captain Kirk had said that he would guarantee the safety of my crew, but he betrayed me: offering my life and my crew’s life in exchange for the lives of his crew. Again I was betrayed…..I fired at their weapon systems to prevent them from aiming at me. I killed some of Enterprise’s crew by that, but some of them were killed by Marcus priorly"

Khan continued: "But Commander Spock tried to kill me and my people: he had already armed the torpedoes that destroyed the SS Vengeance so much, that it would crash. I do not know if Commander Spock knew that my people had been moved.  
I admit that I here lost my temper and vent insane – thinking only of killing so many of people from the Star fleet as possible, as I thought my people were all dead and die myself in the attempt."

He raised his head. “I’m prepared to expiate my crimes – but the crash - it was not only my doing. I didn’t try to eliminate your whole species – you tried to eliminate mine!”

Head judge:"Have you more to say, Mr. Khan?"

“No – it is finished”

"The verdict will be announced in about 30 minutes – please rise!"  
___________________________________

30 minutes after:

“Stand Mr. Khan.The verdict: your people can’t be blamed for your doings. They will all be thawed and given a place in our society. Either together or alone. They will here in the beginning be looked upon as refugees and be given all necessary help needed. They will be given full citizen rights and will be protected. They will be monitored though so it can be determined if they can fit in to society."

Khan: "Thank you"

"As for you Mr. Khan: You have been found guilty in the first accusation and that alone will give you a death sentence. And partly responsible for accusation no 3. Do you understand?"

Khan: "Yes your honour"

Head judge: "You cannot plead totally “not guilty” to no. 3 as you didn’t surrender to Mr. Spock. If you had done that it would have counted as a battle of war – and the casualties would have been – unforeseen circumstances…"

“If I had surrendered he would have killed me” – Khan murmured.

Head judge: "The process with your people is already taken place. By now they should all be awake. You will be given time to say goodbye to them as your death will not be immediately - As a represent for an endangered race you have the right to find other defenders – human people who will guarantee for your behavior. At precisely 3 months from now, you will be in this court room and the death sentence will either be fulfilled or dismissed…In the meantime you will have citizens rights except that you mustn’t leave Earth and to ensure that a transmitter will be placed under your skin"

Kahn is just standing there with tears in his eyes……”I made it”..


End file.
